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TRANSPORTATION INS. CO. v. MARTINEZ

No. 1 CA-CV 94-0040.

183 Ariz. 33 (1995)

899 P.2d 194

TRANSPORTATION INSURANCE COMPANY, an Illinois corporation, Plaintiff, Counterdefendant-Appellant, v. Ralph Ortega MARTINEZ and Nettie Ann Martinez, husband and wife, Defendants, Counterclaimants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

July 18, 1995.

Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A. by Don D. Skypeck and Trevor H. Chait, Phoenix, for plaintiff, counterdefendant-appellant.

Skousen, Skousen, Gulbrandsen & Patience, P.C. by William J. Skousen, John X. Evans, Richard M. Gulbrandsen and David L. Abney, Mesa, for defendants, counterclaimants-appellees.

OPINION

GERBER, Judge.

Ralph Ortega Martinez and Nettie Ann Martinez (the Martinezes), his wife, were injured in an accident with a government-owned vehicle driven by an unauthorized operator. They were not legally entitled to recover from the government entity, and the operator was uninsured. The Martinezes were insureds under a policy issued by Transportation Insurance Company (CNA). A policy exclusion limited uninsured motorist coverage to the statutory...

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